Loading...
HomeMy Public PortalAboutAgreement_2018-02-06_James, JuliaEMPLOYMENT AGREEMENT For the Position Of INTERIM ADMINISTRATIVE SERVICES DIRECTOR This Employment Agreement ("Agreement") is made and entered into this 6th day of February, 2018, by and between the CITY OF TEMPLE CITY ("CITY"), a California charter city, and Julia James ("JAMES"), an individual, on the following terns and conditions: RECITALS A. CITY desires to employ the services of JAMES as its Interim Administrative Services Director, temporarily, to carry out the duties and responsibilities of Interim Administrative Services Director in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. B. CITY's Administrative Services Director position will be vacated effective February 19, 2018; C. CITY has commenced an open recruitment to permanently fill the vacant position of Administrative Services Director and publicly posted the recruitment for the position on CITY's website on or around February 5, 2018; D. JAMES desires to accept employment as Interim Administrative Services Director in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. E. JAMES represents that she is a retired annuitant and person receiving a benefit from the California Public Employees' Retirement System ("CaIPERS'� within the meaning of Government Code §§ 7522.56 and 21221(h). JAMES represents that she retired from the CaIPERS system on December 22, 2017. JAMES acknowledges that she is restricted to working no more than a combined 960 hours for CITY, a state agency, or other CaIPERS contracting agencies (collectively "CaIPERS Agencies") during CITY's 2017-2018 fiscal year, or for any additional or subsequent fiscal year, and that her compensation is statutorily limited as provided in Government Code § 21221(h). JAMES represents that she has not received any unemployment compensation from any CaIPERS Agencies during the 12 -month period preceding the effective date of this Agreement, that she has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that she has attained normal retirement age within the meaning of Government Code § 21220.5; F. CITY has determined that it is necessary to hire JAMES, a retired annuitant, because the position of Interim Administrative Services Director requires special skills, and JAMES, by virtue of her significant prior'experience as Director of Administrative Services for other cities, prior working relationship with City management, and familiarity with CITY operations, has those special skills. G. This Agreement is subject to approval by CITY's City Council and will be taken up as a regular agenda item at a regular meeting held on February 6, 2018. OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the patties agree as follows: Position and Duties. 1.1 Position, JAMES accepts employment on a temporary basis with CITY as its Interim Administrative Services Director and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. JAMES shall provide service at the direction and under the supervision of the City Manager, It is the intent of the parties that JAMES, as the Interim Administrative Services Director, shall keep the City Manager fully apprised of all significant ongoing administrative operations of CITY. Toward that end, JAMES shall report directly to the City Manager and will periodically, or as may be otherwise specifically requested by the City Manager, provide status reports to the City Manager on her activities and those of CITY. 1.2 Term. The term of this Agreement shall commence upon being executed by JAMES and approved by the City Council and executed by CITY's City Manager ("Commencement Date"). JAMES shall commence the performance of her duties as the Interim Administrative Services Director on February 26, 2018, or at such other date as the parties hereto shall agree in writing. This Agreement shall expire as of the first of the following to occur: (i) 5:00 p.m. on June 30, 2018; (ii) upon the employment commencement date of a permanent Administrative Services Director employed by CITY; (iii) upon JAMES working her 960`h hour per fiscal year for CITY including hours worked for other Ca1PERS Agencies during such fiscal years; or (v) upon termination of the Agreement by either JAMES or CITY as provided in Section 4 [Termination] of this Agreement. 1.2.1 Extension of Term. Notwithstanding Section 1.2, the parties may, by mutual written agreement, extend the term of this Agreement by such period or periods agreed upon by the parties, in compliance with Section 7.14 of the Agreement and with approval by CalPERS. 1.3 At -Will. JAMES acknowledges that she is an at -will, temporary employee of CITY who shall serve at the pleasure of the City at all times during the period of her service hereunder and that her employment may be terminated at any time for any or no reason with or without cause as provided for in Section 4 [Termination] of this Agreement and/or by operation of California or federal law. The terms of CITY's personnel rules, policies, procedures, ordinances, resolutions, memoranda of understanding, regarding City Administrative Personnel (collectively "Personnel Policies") shall not apply to JAMES, and nothing in this Agreement is intended to, or does, confer upon JAMES any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City to terminate her employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of JAMES, as provided in Section 1,2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of JAMES to resign at any time from this position with CITY, subject only to the provisions set forth in Section 1,2 [Term] or Section 4 [Termination] of this Agreement. This at -will employment Agreement shall be expressly subject to the rights and obligations of CITY and JAMES, as set forth in Section 1.2 [Term] or Section 4 [Termination] below. 1.4 Duties. JAMES shall serve and perform the duties of Interim Administrative Services Director as set forth in the City of Temple City's Class Specification for the position of Administrative Services Director, incorporated herewith as Appendix "A". 1.5 Hours of Work. JAMES shall devote the time necessary to adequately perform her duties as Interim Administrative Services Director. The parties anticipate that JAMES will work approximately 29 hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council and meetings and attendance at such municipal organizations, community events and City functions as the City Manager may direct. JAMES shall be allowed reasonable flexibility in setting her own office hours, provided the schedule of such hours provides reasonable availability to the City Council, the City Manager, CITY staff, and members of the community during regular CITY business hours and for the performance of her duties and of CITY business. However in no event shall JAMES be requited to work in excess of 960 hours for City including hours worked for other CalPERS Agencies. CITY has determined that the position of Interim Administrative Services Director is an exempt position under applicable state and federal wage and hour law. 1.6 Other Activity. In accordance with Government Code Section 1126, during the period of her employment, JAMES shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of JAMES's duties as Interim Administrative Services Director. 2. Compensation. 2.1 Rate of Pay. For all services performed by JAMES as the Interim Administrative Services Director under this Agreement, CITY shall pay JAMES compensation at the rate of $75.00 per hour, to be paid according to the payroll schedule in place for CITY employees paid bi-weekly subject to the limitations provided below. 2.1.1 Compliance with Ca1PERS requirements. It is the intent of the parties to compensate JAMES only to the extent permitted under Government Code §§ 21221(h) and 7522.56(d) and corresponding CaIPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CaIPERS and falls within the minimum and maximum base salary paid for this position as set forth in the City's publicly available salary schedule, attached hereto as Appendix "B." The monthly base salary for the position of Administrative Services Director as listed on a publicly available pay schedule is $13,000.00. The Rate of Pay is calculated by taking that monthly base salary and dividing it by 173.333 to equal an hourly rate of $75.00. 2.1.2 Recordation and Reporting of Hours Worked. JAMES will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CaIPERS. Additionally, JAMES shall keep CITY continually apprised of any hours worked by JAMES for other CalPERS Agencies during the term of this Agreement, 2.2 Benefits. 2.2.1 No Benefits. Pursuant to Government Code §21221(h) and related CaIPERS regulations and policy statements, JAMES shall not receive from CITY any benefits CITY commonly provides to its employees, including without limitation health, dental, or vision insurance coverage, life insurance, employee assistance programs, and similar benefits, 2.3 Reimbursement. 2.3.1 Reimbursement. CITY shall reimburse JAMES for reasonable and necessary travel, subsistence and other business expenses incurred by JAMES in the performance of her duties as Interim Administrative Services Director. All reimbursements shall be subject to and in accordance with California law and CITY's adopted Employee Reimbursement Policy. 3. Vacation and Leave. 3.1 No Paid Leave. JAMES and CITY agree that JAMES, in accordance with Government Code Section 21221(h) and related CalPERS regulations and policy statements shall not be provided or accrue any personal time off, vacation, sick leave, administrative leave, paid holidays or similar paid leave benefits. 4. Termination. 4.1 By CITY. This Agreement may be terminated by CITY for any reason seven (7) days after notice in writing to JAMES of such termination. CITY's only obligation in the event of such termination will be payment to JAMES of all compensation then due and owing as set forth in Section 2,1 [Rate of Pay] up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to CalPERS statutory or regulatory requirements. 4.2 By JAMES, This Agreement may be terminated by JAMES for any reason seven (7) days after notice in writing to CITY of such termination. CITY shall have the option, in its complete discretion, to make JAMES's termination effective at any time prior to the end of such period, provided CITY pays JAMES all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing her through the last day actually worked. JAMES shall not be entitled to any severance under the Agreement. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of the CITY. 4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 12 [Term], 4.4 Termination Obligations, JAMES agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by her incident to her employment belongs to CITY and shall be returned promptly to CITY upon termination of JAMES's employment. JAMES's obligations under this subsection shall survive the termination of her employment and the expiration of this Agreement. 4.5 No Benefits Upon Termination. JAMES agrees that she shall be entitled to no benefits upon termination. 5. Pronrietary Information. 5.1 "Proprietary Information' is all non-public information pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY, Proprietary Information shall include, without limitation, trade secrets, confidential financial data and formulae, attorney client -privileged information, confidential licensing information, software and other computer programs, copyrightable material, and other information exempt from production under the California Public Records Act and or the Federal Freedom of Information Act. All Proprietary Information not generally known outside of CITY's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During her employment by CITY, JAMES shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform her job responsibilities under this Agreement. Following termination, JAMES shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. JAMES's obligations under this Section shall survive the termination of her employment and the expiration of this Agreement. A disclosure of Proprietary Information or Confidential Information by JAMES in response to an order by a court of competent jurisdiction or in response to a subpoena by a Grand Jury or any state, federal or local law enforcement agency shall not be deemed a breach of this Agreement. 6, Conflict Of Interest. JAMES represents and warrants to CITY that she presently has no interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of her services under this Agreement. 7. General Provisions. 7.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions. 7.2 Vehicle Operation. JAMES shall operate any vehicle used in connection with the performance of her duties as Interim Administrative Services Director in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile's driver's license during the period of employment. 7.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in JAMES's personnel file. JAMES agrees to notify CITY in writing of any change in her address during her employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. City's Notice Address: City of Temple City 9701 Las Tunas Drive Temple City, CA 917803 Attn: City Manager Interim Administrative Services Director's Address: Julia James [Deliver to last updated address in personnel file] 7.4 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify, defend, and hold JAMES harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during JAMES's tenure as Interim Administrative Services Director. 7.5 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the Interim Administrative Services Director under any law or ordinance. 7.6 Integration, This Agreement is intended to be the final, complete, and exclusive statement of the terms of JAMES's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of JAMES, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to JAMES and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 7.7 Amendments.This Agreement may not be amended except in a written document signed by JAMES, approved by the City Council and signed by the City Manager. 7.8 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.9 Assignment. JAMES shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to JAMES, assign its rights and obligations hereunder. 7.10 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.11 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 7.12 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any action in connection with or arising out of this Agreement or any dispute between the patties shall be commenced and maintained in the Superior Court of the State of California for the County of Los Angeles or the United States District Court for the Central District of California. 7.13 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the patty receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 7.14 Acknowledgment. JAMES acknowledges that she has had the opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and JAMES has signed and executed this Agreement, as of the date first indicated above. INTERIM ADMINISTRATIVE SERVICES DIRECTOR FAYVX1 pifiCi, Peggy Kuo, C' Jerk CITY OF TEMPLE CITY Bryan Cook, City Manager APPROVED AS TO FORM: Eric S. Vail, City Attorney